Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-02-17
THE FERRIS GILES SUIT
THE IMPORTANT OH FERRY
MILL CASE IN COURT.
Testimony I'm n Snit of macb snterest
Taken tn the Superior Oourt--
what Architects nad su,laurs

Testimony In n Suit OF W uch In teresl
TRhem tn the Superior Oourt-
what Architects nad 8uildur.
say.
Court reassembled at 8 O'Clock yester
day afternoon week. After Officer Gross
had been cross-examined Officer William
Hanna was examined, corroborating Crost
as to the finding of Coyle and his re.
moval to the city hall. Coyle signified
that he had some money in his inside vest
pocket, but none was found there. There
were only about go found upon him.
DR.. Charles Wallace, resident ply sician
at the almshouBe, was examined. He
said he had told Uoyle several times that
his case was hopeless. He thought Coyle
had given up hope of his life on Sunday,
the 10th OF October, but yet he still
occasionally expressed hope. On that
Sunday the prisoner Elliott was brought
into the presence of Ooyle. There was a
mutual recognition between them. The
chief asked Ooyle whether he knew the
prisoner He said he did, and that was
the man who struck him. Elliott asked
Coyle whether he could prove il, and at
this point was taken out Of the room. An
affidavit was taken before Squire Berto-
lette. A priest was sent for after the
affidavit was taken.
Squire L. A. Bertolette was sworn and
testified that he went to the Almshouse
on October 10th, and took deposition
from Patrick II. Coyle. The deposition
was not allowed TO be submitted in eyi.
dence, the court considering that it had
not been proven that the deceased knew
that his death was impending at the time
B#was made. The witness testified that
he asked the deceased in the presence OF
Elliott, sis that the man who struck you
with crutch,n and the deceased an
Bwered, "That is the man that struck me
with orutch.n He also stated that there
was another man with Elliott when he
was struck, and described the man.
Chief of Police Dougherty corroborated
the above and said he thought Elliott had
made q hasty denial, but could not re.
member the words. The prisoner was
taken from the room in order to save the
deceased from excitement.
Officer Gross was recalled. He said be
arrested Elliott at the corner of Front
and Justison streets. The prisoner came
with him willingly. As 10 the events in
the sick mans room in the presence OF
the justice, the chief OF police and the
prisoner, he corroborated the Justice.
DR.. Willard Springer, one Of the aims.
house physicians, was examined. He
described the wound and the condition
Of the deceased at the post mortem ex.
animation. He thought the effect of the
blow was the only thing that could have
caused the death under the circumstances.
Officer Gross testified the only thing
Elliott said in the presence of the deceased
was, "Oan you prove that ?" which he
asked twice.
The State here rested.
Mr.. Turner moved for non-suit. HC
thought there was not sufficient evidence
to put the prisoner on his defence. Ht
said it was too much TO ask man tc
defend himself against such meagre evi
dence as the State had produced. They
could have settled the case at once if tn,
officers of the law had know how to takt
q dying deposition. he thought it was
the duty of the attorney general and hil
deputy to stand up and say they woult
not press the case against the prisoner.
Mr.. Biggs opposed the motion. He
said under the peculiar circumstances oi
the case the State found itself compelled
to rely largely on circumstantial evi
dence. But IL has been shown that thu
prisoner was identined by the deceased
as having baen the man who struck hin
with q csutch. II the prisoner Is able II
prove that he was not present when th
blow was struck. or that he did not de
liver it, he ought to be glad to be given
the opportunity to do SO.
Mr.. Paynter argued that Elliott's words
In the presence of the dying man was q
tacit admission of the crime. He did not
think the State would be justified in
abandoning the case, but that ii should
go before jury.
Mr.. Turner stated that the words that
were uttered in the presence of the pris-
oner and the deceased were all there is in
the case. 1t was not TO be supposed that
man would be put in peril of his life
upon such himsy evidence ns has been
adduoed.
The court consulted, and the chief jus
tice announced that majority Of the
court thought that the case should go to
the jury.
II being $50 o'clock the case was ad-
journed until Thursday at 10 o'clock.
The grand jury made its final present
ments, together with its report, and wa'
discharged from further attendance a
this court.
The court of oyer and terminer recon
vened at 10 o'clock Tuesday, and the
case of Robert Elliott was resumed. Wal
ter Bacon, ESQ.,, addressed the jury il
opening the case. for the defence
Matthew McDonough was then called tC
the stand and was examined by Mr.. Tur
ner. McDonough testified that he wen
10 the place where Elliott worked, q
Water and Tatnall streets, on the night o
October LIST, and that Patrick II. Ooyl
came to the same place soon afterward
They started away together, and,
having been proposed that they take
drink, they went up Tatnall street Il
Second and got something to drink a
Kelly's saloon. From there they went q
Darroll's saloon, ON Front street nea
King, In order to see John l.. Sulli
van. From Carrolls they went Il
the Atlantic Garden, on King stree
between Second and Third, where the.
had several drinks. They left there q
1915 O'Clock and went TO Front AM
King streets. Here Elliott left them, a
about 10. 80 O'Clock, and went out From
street, westward. He and Coyle stood o.
the corner of Front and King street
fully 10 minutes after Elliott left them
They then walked along Front street q
Orange, where the witness left Coyle OF
the corner and went home, arrivinI
there at about IL O'Clock. He did not Sc
Elliott strike Ceyle with crutch durlri
the time they we're together and did no
see Coyle again until he was taken to u
vRlnshoas6 10 SEQ him.
On oross-examinination McDonougl
enumerated the times and places at whic
they had drinks. The number OF drinks
footed up some 10 or Is, and Coyle pal
for all of them. Ooyle was the most IL
toxicated of the three.
Frank Duncan was next called. lie
tbeberoof the recent Duncan Good prize
fiaht that didn't take place. He board
at the house Of Robert Elliott. ne lel
the prisoner into the house at about 10
90 minutes past IL on the night
October LIST, and the prisoner RENAME
in the house during the balance oI tn
night. He was not drunk when he cam
in, but seemed to have had a couple
drinks.
William Elliott, brother Of the prisonel
was the next witness. He corronorate
Duncan aa to time when Elliott can
home on the night Of October LIST:
Chief of Police Dougherty testifed tn'
Elliott showed no excitement when
was acquainted with the charge again
him. a,
Oficer Joseph P. Gross testified to u
same, but said that in the presence :
Ooyle, when the latter sail ''Ihat ID u
man, the prisoner flushed very RED.
Mr. Turner then called witnesses
prove that the reputation Of the prison
for peace and good order in the comm N,